‘A Practical Guide to ‘Stranded Spouses’ in Family Law – Second Edition’ by Mani Singh Basi

Description

The existence of ‘stranded spouse’ cases in family law has existed for many decades. Now, it is recognised in PD12J FPR 2010 as ‘transnational marriage abandonment’.  The issues that emerge in stranded spouse cases are complex in nature but also extremely emotive. In the family law context, stranded spouse cases raise issues that practitioners and the courts of England and Wales have to grapple in a sensitive and effective manner. This is because ultimately, the court is concerned with the welfare of the subject children who may be caught up is undoubtedly a form of domestic abuse and the welfare of the subject children are as a consequence prejudiced.

This is the second edition of the book. The focus provides practitioners a toolkit as to how the courts of England and Wales deal with the vast number of issues that arise in stranded spouse cases. In particular, this book will outline the strategies practitioners can adopt when representing either parent or the subject children throughout each stage of proceedings. This book will illustrate the powers that can be utilised by virtue of the inherent jurisdiction.

The second edition of the book has been fully updated to refer to recent case law and to focus on the principles that have emerged. Moreover, the book has been designed to offer practical assistance for all involved in the proceedings, whether you represent the applicant, respondent or even the children. There are new chapters throughout the book on concepts related to:  jurisdiction, vulnerability, enforcement and a chapter on a toolkit for practitioners to have in mind when undertaking these cases.

ABOUT THE AUTHOR

Mani Singh Basi is a barrister at 4PB. He is a practitioner who has a specialist interest in cases with an international element. As such, he regularly appears in the High Court in cases relating to the inherent jurisdiction of the High Court such as child abduction cases and what can be regarded as ‘stranded spouse’ cases. He was the winner of the Family Law Commentator of the Year Award at the LexisNexis 2022 Family Law Awards.

CONTENTS

Chapter One – An Introduction to Stranded Spouse Cases
Chapter Two – Defining Stranded Spouse
Chapter Three – Stranded and Separated and the Inherent Jurisdiction of the High Court
Chapter Four – The Use of Wardship in Stranding Cases
Chapter Five – Stranded and Separated From the Children
Chapter Six – Stranded With the Subject Children
Chapter Seven – Being Stranded With the Perpetrator
Chapter Eight – Participation of Parties in Stranded Spouse Cases – Vulnerability and Special Measures
Chapter Nine – Potential Outcomes in Stranded Spouse Cases
Chapter Ten – Fact-Finding Hearings in Stranding Cases
Chapter Eleven – Jurisdictional Disputes
Chapter Twelve – Enforcement and Contempt Proceedings
Chapter Thirteen – Practical Toolkit For Lawyers
Chapter Fourteen – Conclusion